[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 706 Engrossed in Senate (ES)]


  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  1st Session
                                 S. 706

_______________________________________________________________________

                                 AN ACT


 
To convey all right, title, and interest of the United States in and to 
the land described in this Act to the Secretary of the Interior for the 
             Prairie Island Indian Community in Minnesota.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prairie Island Land Conveyance Act 
of 2005''.

SEC. 2. PRAIRIE ISLAND LAND CONVEYANCE.

    (a) In General.--The Secretary of the Army shall convey all right, 
title, and interest of the United States in and to the land described 
in subsection (b), including all improvements, cultural resources, and 
sites on the land, subject to the flowage and sloughing easement 
described in subsection (d) and to the conditions stated in subsection 
(f), to the Secretary of the Interior, to be--
            (1) held in trust by the United States for the benefit of 
        the Prairie Island Indian Community in Minnesota; and
            (2) included in the Prairie Island Indian Community 
        Reservation in Goodhue County, Minnesota.
    (b) Land Description.--The land to be conveyed under subsection (a) 
is the approximately 1290 acres of land associated with the Lock and 
Dam #3 on the Mississippi River in Goodhue County, Minnesota, located 
in tracts identified as GO-251, GO-252, GO-271, GO-277, GO-278, GO-284, 
GO-301 through GO-313, GO-314A, GO-314B, GO-329, GO-330A, GO-330B, GO-
331A, GO-331B, GO-331C, GO-332, GO-333, GO-334, GO-335A, GO-335B, GO-
336 through GO-338, GO-339A, GO-339B, GO-339C, GO-339D, GO-339E, GO-
340A, GO-340B, GO-358, GO-359A, GO-359B, GO-359C, GO-359D, and GO-360, 
as depicted on the map entitled ``United States Army Corps of Engineers 
survey map of the Upper Mississippi River 9-Foot Project, Lock & Dam 
No. 3 (Red Wing), Land & Flowage Rights'' and dated December 1936.
    (c) Boundary Survey.--Not later than 5 years after the date of 
conveyance under subsection (a), the boundaries of the land conveyed 
shall be surveyed as provided in section 2115 of the Revised Statutes 
(25 U.S.C. 176).
    (d) Easement.--
            (1) In general.--The Corps of Engineers shall retain a 
        flowage and sloughing easement for the purpose of navigation 
        and purposes relating to the Lock and Dam No. 3 project over 
        the portion of the land described in subsection (b) that lies 
        below the elevation of 676.0.
            (2) Inclusions.--The easement retained under paragraph (1) 
        includes--
                    (A) the perpetual right to overflow, flood, and 
                submerge property as the District Engineer determines 
                to be necessary in connection with the operation and 
                maintenance of the Mississippi River Navigation 
                Project; and
                    (B) the continuing right to clear and remove any 
                brush, debris, or natural obstructions that, in the 
                opinion of the District Engineer, may be detrimental to 
                the project.
    (e) Ownership of Sturgeon Lake Bed Unaffected.--Nothing in this 
section diminishes or otherwise affects the title of the State of 
Minnesota to the bed of Sturgeon Lake located within the tracts of land 
described in subsection (b).
    (f) Conditions.--The conveyance under subsection (a) is subject to 
the conditions that the Prairie Island Indian Community shall not--
            (1) use the conveyed land for human habitation;
            (2) construct any structure on the land without the written 
        approval of the District Engineer; or
            (3) conduct gaming (within the meaning of section 4 of the 
        Indian Gaming Regulatory Act (25 U.S.C. 2703)) on the land.
    (g) No Effect on Eligibility for Certain Projects.--Notwithstanding 
the conveyance under subsection (a), the land shall continue to be 
eligible for environmental management planning and other recreational 
or natural resource development projects on the same basis as before 
the conveyance.
    (h) Effect of Section.--Nothing in this section diminishes or 
otherwise affects the rights granted to the United States pursuant to 
letters of July 23, 1937, and November 20, 1937, from the Secretary of 
the Interior to the Secretary of War and the letters of the Secretary 
of War in response to the Secretary of the Interior dated August 18, 
1937, and November 27, 1937, under which the Secretary of the Interior 
granted certain rights to the Corps of Engineers to overflow the 
portions of Tracts A, B, and C that lie within the Mississippi River 9-
Foot Channel Project boundary and as more particularly shown and 
depicted on the map entitled ``United States Army Corps of Engineers 
survey map of the Upper Mississippi River 9-Foot Project, Lock & Dam 
No. 3 (Red Wing), Land & Flowage Rights'' and dated December 1936.

            Passed the Senate July 26, 2005.

            Attest:

                                                             Secretary.
109th CONGRESS

  1st Session

                                 S. 706

_______________________________________________________________________

                                 AN ACT

To convey all right, title, and interest of the United States in and to 
the land described in this Act to the Secretary of the Interior for the 
             Prairie Island Indian Community in Minnesota.